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20121001
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, diversity in the classroom. >> would 3% be enough in new mexico, your bordering state, where the african-american population is around 2%? >> your honor, i don't think it would. i mean, our concept of critical mass is not tied to demographics. it is said that we are not pursuing any demographic poll. it is undisputed that race is only a factor. it is undisputed that we're taking race into account only to consider individuals in their totality. >> mr. garre, i think the issue my colleagues are asking is, at what point and when do we stop defering to the -- defering to the university's judgment that race is still necessary? that's the bottom line of this case. you're saying, and i think rightly because of our cases, that you can't set a quota. that's what our cases say you can't do. so if we're not going to set a quota, what do you think is the standard we apply to make a judgment? >> i think the one that you would ply is you would -- apply is you would look to whether or not the university had reached an environment where people do not feel like a spokesperson for their race. where the ed
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